LEGAL PRINCIPLE: CRIMINAL LAW — Defences — Self-Defence — Imminent Apprehension of Death or Grievous Harm Required
PRINCIPLE STATEMENT
For the defence of self-defence to be available, the accused must face imminent apprehension of death or grievous harm from his victim.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC (adopting trial Judge's finding), in Ejeka v. State (2003) NLC-2582001(SC) at p. 9; Paras D–E.
"For the defence of self-defence to be available and to exclude criminal responsibility, the accused must face imminent apprehension of death or grievous harm from his victim."
EXPLANATION / SCOPE
Self-defence requires imminent threat of death or grievous harm. The principle applies to criminal law. The accused cannot use excessive force. The rule requires reasonable belief. The defence fails without imminent danger. The principle is well-established.